In 2006 the New Jersey Supreme Court, in Pasqua v. Council, found that indigent parents facing jail for failing to meet child support obligations were entitled to appointed counsel. In that case, Supreme Court Justice Barry Albin wrote “the right to counsel is among our most precious of constitutional rights because it is the necessary means of securing other fundamental rights. It has long been recognized that the right to a fair trial would be an empty promise without the right to counsel.”
...

Is a non-custodial parent entitled to an opportunity to explain why he
or she has not paid child support?

Yes. Before a non-custodial parent can be sent to jail for nonpayment of child
support, the law requires that he or she be given notice of a hearing about his
or her ability to pay the child support that is due. A hearing officer listens
to testimony and considers evidence to determine if the non-custodial parent has
the ability to pay the required child support. If the hearing officer finds that
the non-custodial parent does not have the ability to pay the
outstanding child support, he or she may modify the child support order.

However, if the hearing officer finds that the non-custodial parent does
have the ability to pay child support and is willfully refusing to do
so, the hearing officer will make a recommendation to the court about how the
order should be enforced. Recommendations include suggesting:

That the court immediately issue a bench warrant for arrest, or

That the court issue an order placing the case in bench warrant status. (Placing
the case in bench warrant status means that, if in the future the
non-custodial parent is at least 14 days behind making child support payments,
either Probation or the custodial parent may ask the court for a bench warrant
without giving notice to the non-custodial parent.)

Do non-custodial parents facing jail for non-payment of child support
have a right to a lawyer?

Yes. As mentioned above, the New Jersey Supreme Court ruled in a recent case
that all non-custodial parents charged with violating a court order and facing
the possibility of going to jail for nonpayment of child support must be told at
the enforcement hearing that they have a right to be represented by a lawyer.
Low-income non-custodial parents facing the possibility of going to
jail must be told that they have a right to have a lawyer appointed to
represent them. The court may ask for proof of income. If the non-custodial
parent is able to show that he or she is indigent, the court must
provide an appointed lawyer.

What happens if the court does not inform the non-custodial parent about
the right to a lawyer or fails to provide a lawyer?

If the court does not inform the non-custodial parent about the right to an
attorney at an enforcement hearing or fails to provide a lawyer for a low-income
non-custodial parent, the court cannot use the threat of jail to force the
person to comply with the child support order.

There is currently no system in place to provide lawyers for low-income parents
facing jail time for failure to pay child support. Because the right to a lawyer
exists without the ability to provide for a lawyer, the family court will not be
able to use jail time as a way to enforce child support orders. This means that
when a motion to enforce a child support order is filed against a non-custodial
parent who is able to provide proof to the court that he or she is indigent, the
court will not be permitted to grant an arrest warrant against this parent,
unless there is a system to appoint an attorney for this person.

What if a bench warrant has already been issued?

If a bench warrant has already been issued for the arrest of a non-custodial
parent who is able to prove that he or she is indigent, the court must either
provide that parent with an appointed lawyer or release him or her from jail.
During the time that the recently decided Supreme Court case was making its way
through the courts, indigent parents who were in jail requested appointed
lawyers and were released after the court failed to provide them with
representation.

Are there other ways to enforce child support orders, besides jail?

There are other ways that the court can enforce child support orders, in place
of sending the non-paying parent to jail. These alternatives to jail do not
create the right to a lawyer at the enforcement hearing. Among these
alternatives are:

Taking money directly out of the paycheck of the non-custodial parent. This
procedure, known as “income withholding,” is almost always ordered in a child
support case except in situations where the non-custodial parent does not
receive a paycheck (for example, the person is self-employed).

Forcing the sale of real property (a house or land or other building) and using
the proceeds from the sale of that real property to pay the child support that
is owed.

Forcing a non-custodial parent to pay outstanding child support by requiring
that the child support judgment be paid out of the net proceeds of any lawsuit
award or settlement.

Until the state has a system for appointing lawyers to non-custodial parents who
face incarceration for failing to pay child support, Probation or the custodial
parent may have no choice but to ask for these alternative enforcement measures.
In the long run, these alternatives are likely to benefit both parents, because
they have already proven to be more effective than jail in increasing child
support collections.

The materials on this website and the related links are provided for informational purposes only. They are not intended as and do not constitute legal advice and should not be acted on as such. The materials and links are also not legal opinions nor are the materials represented as necessarily being all-inclusive, correct, complete or up-to-date. No one should rely on any information on this website or its links. We suggest, instead, that you should seek the advice of an attorney with respect to any matter contained in the website or its links.

We Buy Structured Settlements, Annuities & Lottery Payments for Lump Sum Cash.
If We Do Not Beat Your Offer We Will Give You $500.00 Cash*
If you are currently receiving monthly or annual payments from a structured settlement, lottery or casino jackpot, or any other kind of annuity, there’s no reason to wait for your money. Woodbridge Structured Funding, LLC will buy your payments for cash!
If you have a structured settlement, you don’t have to wait for your money! It is possible to sell structured settlements & future lawsuit payments to financial institutions like Woodbridge.
Many plaintiffs who have won payment for damages are awarded a structured settlement, but it’s not always possible or advantageous to wait months, years—even a lifetime—to receive the full amount of the award. If you have won a structured settlement in a lawsuit for any reason, whether it be for:
Personal Injury
Liability
Harassment
Malpractice
You can turn all or part of your future payments into a lump sum. Selling your structured settlement can give you the financial freedom you need to meet today’s challenges and opportunities.
When selling structured settlements is the right decision. Structured settlements are designed to make sure that plaintiffs, especially those who have suffered life-altering injuries, will receive a steady stream of future income. However, an inflexible schedule of future payments—often stretching out over a period of years—might not help you meet the immediate financial needs of you and your family. Whether you want to buy a new house, pay down old debt, pursue a business opportunity, or just free up more cash-flow, selling structured settlements to Woodbridge Structured Funding, LLC can put your award to work today.
A pioneer in the field, the principals have purchased close to one billion dollars in payments since 1993, and no one works harder to meet the unique needs of their clients. Let our talented and creative team of financial consultants work with you to put the cash you need into your hands today. We guarantee that no legitimate company will make a better offer when you’re ready to sell your structured settlement.